The Roman Catholic Trust Corporation for the Diocese of Townsville

[2013] FWCA 7677

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Roman Catholic Trust Corporation for the Diocese of Townsville
(AG2013/10639)

TOWNSVILLE CATHOLIC EDUCATION PRINCIPALS' AGREEMENT 2013

Educational services
COMMISSIONER BISSETT	BRISBANE, 2 OCTOBER 2013

Application for approval of the Townsville Catholic Education Principals' Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Townsville Catholic Education Principals' Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4]
The Agreement is approved. In accordance with s.54(1) it will operate from 9 October 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Roman Catholic Trust Corporation for the Diocese of Townsville applied to the Fair Work Commission for approval of the Townsville Catholic Education Principals' Agreement 2013. The applicants, being the Roman Catholic Trust Corporation for the Diocese of Townsville and the Queensland Catholic Education Commission, sought approval of the agreement in the absence of a registered union. The agreement was proposed to regulate the terms and conditions of employment of principals of schools in the Townsville Catholic Education System. The application was contested by the Catholic Education Employees Association, which argued that the agreement should not be approved.

The central legal issue before the commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the commission had to determine if the agreement was in the public interest and would provide appropriate terms and conditions for the employees covered by the agreement. The commission also had to consider whether the agreement provided for adequate representation of the employees' interests.

The commission held that the agreement did meet the criteria for approval. The commission found that the agreement provided for appropriate terms and conditions of employment, including provisions for consultation and dispute resolution. The commission also found that the agreement provided for adequate representation of the employees' interests through the Catholic Education Employees Association. The commission concluded that the agreement was in the public interest and approved the application. The commission noted that the agreement provided for a fair and reasonable balance of rights and obligations for both parties and was consistent with the principles of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established